+Guidelines on the role of AML/CFT compliance officers (EBA/GL/2022/05)
---+1. Compliance and reporting obligations
------+Status of these guidelines
---------+1. This document contains guidelines issued pursuant to Article 16 of Regulation (EU) No 1093/2010 …
---------+2. Guidelines set the EBA view of appropriate supervisory practices within the European System of …
------+Reporting requirements
---------+3. According to Article 16(3) of Regulation (EU) No 1093/2010, competent authorities must notify …
---------+4. Notifications will be published on the EBA website, in line with Article 16(3).
---+2. Subject matter, scope and definitions
------+Subject matter and scope of application
---------+5. These guidelines specify the role, tasks and responsibilities of the AML/CFT compliance officer …
---------+6. These guidelines apply to credit or financial institutions as defined in Article 3(1) and 3(2) …
---------+7. T he terms ‘management body in its management function’ and ‘management body in its supervisory …
------+Addressees
---------+8. These guidelines are addressed to competent authorities as defined in Article 4(2) (iii) of …
------+Definitions
---------+9. Unless otherwise specified, the terms used and defined in Directive (EU) 2015/849 have the same …
---+3. Implementation
------+Date of application
---------+10. These guidelines apply from 1 December 2022.
---+4. Guidelines
------+4.1 The role and responsibilities of the management body in the AML/CFT framework and of the senior manager responsible for AML/CFT
---------+11. The management body should be responsible for approving the credit or financial institution’s …
---------+12. The management body in its supervisory function should be responsible for overseeing and …
---------+13. In addition to the provisions set out in the ESAs ’ guidelines on internal governance , as …
---------+14. The management body in its supervisory function should ensure that the member of the management …
---------+15. The management body in its supervisory function should have access to and take into account …
---------+16. In relation to internal policies, controls and procedures referred to in Articles 8(3) and 8(4) …
---------+17. The member of the management body to be identified in accordance with Article 46(4) of …
---------+18. The member of the management body referred to in Article 46(4) of Directive (EU) 2015/849 …
---------+19. Where no management body is in place, the credit or financial institution should appoint a …
---------+20. The senior manager referred to in paragraph 19 should have sufficient knowledge, skills and …
---------+21. Without prejudice to the overall and collective responsibility of the management body, when …
---------+22. The member of the management body, or the senior manager where designated, responsible for …
---------+23. The member of the management body, or the senior manager where designated, responsible for …
------+4.2 The role and responsibilities of the AML/CFT compliance officer
---------+24. When deciding whether to appoint the AML/CFT compliance officer in accordance with Article 8(4) …
---------+25. The AML/CFT compliance officer should be appointed at management level. He/she should have …
---------+26. Where the AML/CFT compliance officer is appointed in accordance with Article 8(4) of Directive …
---------+27. Where the functions of the AML/CFT compliance officer are to be entrusted to an officer or …
---------+28. The AML/CFT compliance officer should make themselves available to the competent authority and …
---------+29. Where commensurate with the ML/TF risk to which the credit or financial institution is exposed …
---------+30. The AML/CFT compliance officer should be able to assign and delegate his/her tasks as set out …
---------+31. The AML/CFT compliance officer should be part of the second line of defence and, as such, part …
---------+32. A credit or financial institution should appoint a separate AML/CFT compliance officer unless …
---------+33. When the management body decides not to appoint a separate AML/CFT compliance officer, the …
---------+34. Where a separate AML/CFT compliance officer is not appointed, the credit or financial …
---------+35. When the AML/CFT compliance officer acts for two or more entities within the group or is …
---------+36. In relation to employee screening referred to in Article 8(4) (a) of Directive (EU) 2015/849 …
---------+37. The credit or financial institutions should ensure that the AML/CFT compliance function …
---------+38. The role and responsibilities of the AML/CFT compliance officer should be clearly defined and …
---------+39. In relation to the identification and assessment of risk referred to Article 8(1) of Directive …
---------+40. The AML/CFT compliance officer should report the results of the business-wide and individual …
---------+41. The AML/CFT compliance officer should ensure that adequate policies and procedures are put in …
---------+42. The policies, controls and procedures referred to in Article 8(4) of Directive (EU) 2015/849 …
---------+43. The AML/CFT compliance officer should be consulted before a final decision is taken by senior …
---------+44. As a second line of defence, the AML/CFT compliance officer should be responsible for …
---------+45. The AML/CFT compliance officer should ensure that the AML/CFT framework is updated where …
---------+46. The AML/CFT compliance officer should recommend to the management body corrective measures to …
---------+47. The AML/CFT compliance officer should advise the management body on measures to be taken to …
---------+48. The AML/CFT compliance officer should bring to the attention of the member of the management …
---------+49. The credit or financial institution needs to stand ready to share a copy of the activity report …
---------+50. The AML/CFT compliance officer should produce an activity report on at least an annual basis. …
---------+51. In relation to the AML/CFT compliance officer’s obligation under Article 33(2) of Directive …
---------+52. When the AML/CFT compliance officer transmits information to the FIU in accordance with Article …
---------+53. The AML/CFT compliance officer should ensure that the credit or financial institution ’s …
---------+54. Credit or financial institutions should draw the attention of their managers and employees to …
---------+55. In accordance with the obligation under Article 46(1) of Directive (EU) 2015/849 and as …
---------+56. The AML/CFT compliance officer should oversee the preparation and implementation of an ongoing …
---------+57. The AML/CFT compliance officer should ensure that the internal reporting procedures adopted by …
---------+58. In addition to general education, for the purposes of Article 46(1) of Directive (EU) 2015/849 …
---------+59. The content of the specific training programmes delivered to persons with different levels of …
---------+60. The AML/CFT compliance officer should determine indicators of assessment to check the …
---------+61. Where the credit or financial institution adopts a training and awareness-raising programme …
---------+62. Where certain training activities are outsourced to a service provider, the AML/CFT compliance …
---------+63. Both the compliance function and the independent AML/CFT compliance function should be located …
---------+64. Where the AML/CFT compliance function is different from the general compliance function, in …
---------+65. The independent audit function referred to in Article 8(4)(b) of Directive (EU) 2015/849 should …
---------+66. The risk management function, to the extent that the credit or financial institution has a risk …
---------+67. A good cooperation to exchange information should take place between the head of risk …
---------+68. In addition to the ESAs guidelines on outsourcing , as applicable, and where the outsourcing of …
---------+69. Credit and financial institutions should follow the outsourcing process, as set out in the …
---------+70. The credit or financial institution which outsources tasks of the AML/CFT compliance function …
---------+71. Where the credit or financial institution does not have any officers or employees of its own …
---------+72. In situations whereby the credit or financial institution is making use of intra-group …
---------+73. The outsourcing of tasks related to AML/CFT to service providers established in third countries …
------+4.3 Organisation of the AML/CFT compliance function at group level
---------+74. The credit or financial institution should adapt its internal control framework to the …
---------+75. The credit or financial institution should ensure that the parent undertaking, where it is a …
---------+76. Where the credit or financial institution is the parent of a group, it should ensure that each …
---------+77. Where the parent is a credit or financial institution and thus an obliged entity under …
---------+78. When implementing group-wide policies and procedures as referred to in Article 45 of Directive …
---------+79. The parent credit or financial institution should: a) designate a member of its management body …
---------+80. The group AML/CFT compliance officer should cooperate fully with the AML/CFT compliance officer …
---------+81. The group AML/CFT compliance officer should have at least the following tasks: a) coordinate …
---------+82. The group AML/CFT compliance officer should produce an activity report on at least an annual …
---------+83. The AML/CFT compliance officer of a subsidiary or branch should have a direct reporting line …
---------+84. The group should ensure that the policies and procedures entities put in place are aligned with …
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Guidelines on the role of AML/CFT compliance officers (EBA/GL/2022/05)

Guidelines on the role of AML/CFT compliance officers (EBA/GL/2022/05)

https://www.eba.europa.eu/activities/single-rulebook/regulatory-activities/anti-money-laundering-and-countering-financing-1 – PDF

1. Overview

,
1. Compliance and reporting obligations

1. Compliance and reporting obligations
2. Subject matter, scope and definitions

2. Subject matter, scope and definitions
3. Implementation

3. Implementation
4. Guidelines

4. Guidelines

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements

3. Related Standards

Standards
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